McCaysville officer involved shooting

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Officer Involved Shooting

McCaysville, Ga – Georgia Bureau of Investigation (GBI) and McCaysville Police Department confirmed that an overnight officer-involved shooting occurred within McCaysville city limits.

According to the press release issued by McCaysville, Police Department, Fannin 911 emergency operations center received a call from a woman on August 30th at 12:08 a.m., who stated that an armed male gunman man had broken into her apartment.

The accused gunman was James Larry Parris, Jr., 50 and the ex-husband of the the 911 caller.

McCaysville Officers arrived on the scene and the suspect proceeded to barricade himself and three others in the apartment – the woman, her male friend, and a 14 year old minor. Officers attempted to negotiate with Parris to leave the apartment or release the hostages in the building.

Fannin County and Polk County Sheriff’s Deputies arrived on the scene to assist with the situation during this time.

After negotiations failed, McCaysville Officers, Fannin County Deputies, and Polk County Deputies entered the residence. They found Parris still holding his firearm. He refused to drop the weapon and pointed it at law enforcement in the room.

McCaysville Police then proceeded to shoot Parris, who was then taken into custody and transported to Kennestone hospital. At this time, he is in stable condition with a guard posted at his door.

Once recovered, Parris faces several charges including aggravated assault on peace officers, false imprisonment, first-degree cruelty to children, and burglary.

No officers were injured in this incident.

This marks Georgia’s 54th officer-involved shooting in 2019. GBI will handle the officer shooting side of the investigation while Detective Billy Brackett covers the home invasion and domestic violence side.

Author

Natalie Kissel

Natalie@FetchYourNews.com

No Bond For Child Molestation Suspect

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Child molestation

McCaysville, GA  – Kevin Joseph Warbington of McCaysville, GA, 32, arrested and charged with aggravated sexual battery and two counts of aggravated child molestation on August 21.

GBI assisted McCaysville Police Department with the investigation of Warbington after McCaysville believed Warbington had left the area and potentially the state. GBI reached out to Spartanburg County South Carolina’s Sheriff’s Office to locate Warbington at Jordan Road in Lyman, South Carolina.

On August 21, deputies located and arrested him on the outstanding charges in Fannin County.

Fannin County Sergeant Marc White and Deputy Eric Wood picked up Warbington from Spartanburg County Detention Center on August 22. He’s currently awaiting a bond hearing for his two counts of aggravated child molestation and one count of aggravated sexual battery.

Warbington’s suspected of explicit and disturbing molestation of a minor in two different instances in 2017 and 2018.

Magistrate Judge Brian Jones denied Warbington bond on the grounds of being a flight risk, posing a significant threat to others, risk of intimidating the witness, and potential to commit a felony.

The Braselton Police Department and the Jackson County Sheriff’s Office have also been instrumental in assisting the GBI and McCaysville Police Department with trying to locate Warbington.

 

Young Mother Arrested For Selling Her Infant

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infant

Blue Ridge, Ga – Mother of the infant arrested for trying to sell her infant child in ongoing unlawful adoption case in Fannin County.

Christine Queen, 19, and resident of Union County turned herself in to Fannin County Sheriff’s Office on Friday, July 26, at 5:44 p.m.

GBI officer Jamie Abercrombie issued a warrant for her arrest on Thursday, July 25.

Queen’s bond set at $75,000 by the Magistrate Judge Brian Jones. The affidavit for her arrest accused her of unlawful inducement felony for willingly and knowingly conspiring with others to exchange her child for a 2006 Jeep Grand Cherokee on June 25 in Fannin County.

Queen’s connected with the unlawful adoption case with Rebecca and William McClain. The couple encouraged Queen to part with her child for a vehicle in their home on June 25 between the hours of 5 and 8 p.m.

Baby Trade

William McClain accused of attempting to trade a car for the ten-month-old infant.

Abercrombie stated in his affidavit that the McClains knowingly tempted Queen to sell her child while in their home.

The couple cared for the child and had expressed interest in adopting her until the incident occurred. The baby’s now in foster care and doing well.

GBI searched the McClain’s home on Laurel Crossing on Thursday, June 27.

Abercrombie arrested the pair for directly or indirectly holding out an inducement to a biological parent to part with his or her child.

Queen’s felony accusation cited advertising restrictions and requirements as well as unlawful inducements. She stands accused of section (b) of O.C.G.A. 19-8-24 (b); she willingly participated in the offer to sell her child to McClains.

Fannin County Sheriff’s Office booked the two felony charges of unlawful inducement for the McClains – one count for each individual. The couple was unemployed at the time of booking.

Neither McClains nor Queen can contact each other, Queen’s father, child’s father, or child’s caseworker due to terms of their bail.

GBI Baby trade

Rebecca McClain used to work for DFCS before fostering child.

Union County DFCS employed Rebecca McClain in the past and are currently assisting with the GBI investigation.

Bond Set for Couple Accused of Inciting An Illegal Adoption

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GBI Baby trade

Blue Ridge, Ga – Magistrate court set bond at $75,000 for the couple who attempted an unlawful adoption by inducing a Fannin County mother to give up her child for a vehicle.

The order to reinstate bond for Rebecca and William McClain was filed on July 11, 2019, by their attorney Robert Ferguson and presented to the Fannin County Magistrate Court with Judge Brian Jones presiding and Assistant District Attorney Morris Martin representing the State.

GBI Baby trade

Rebecca McClain knowingly attempted to persuade a mother into giving away her baby.

Bond set at $75,000 per person established conditions for McClains to maintain once their release, including a mandatory mental health evaluation within 30 days of release. The couple can’t leave the state of Georgia, keep firearms, submit to random drug and alcohol testing, and no contact with Fannin County DFCS, anyone underage, witnesses, the parents of the child, or the child.

Baby Trade

William McClain attempted to illegal adopt a child by encouraging a trade with the mother.

In the affidavit, GBI Agent Jamie Abercrombie attests that Rebecca and William McClain knowingly individually and as a unit attempt to induce the child’s mother into parting with her child on June 25 between the hours of 5 and 8 p.m. at their Fannin County home.

If they violate any of their bond conditions, the offending party will be arrested and returned to jail.

The couple, Rebecca and William McClain had been caring for the ten-month-old child for several weeks and expressed interest in adopting.

Fannin County Sheriff’s Office called GBI on Wednesday, June 26 for assistance in an unlawful adoption investigation, where a local couple tried to convince the mother to sign over her parental rights for a vehicle.

GBI conducted a search of the McClain’s home on Laurel Crossing on Thursday, June 27. Abercrombie arrested the pair for directly or indirectly holding out an inducement to a biological parent to part with his or her child. This is in accordance with O.C.G.A. 19-8-24.

Fannin County Sheriff’s Office booked the two felony charges of unlawful inducement for the McClains – one count for each individual. The couple was unemployed at the time of booking.

Rebecca McClain is a former employee of Union County DFCS. The organization’s currently assisting with the GBI investigation.

The baby was found in good condition and was placed in foster care by DFCS.

 

Previous standoff foreshadows double murder in Morganton

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Blue Ridge, Ga. – A community was shocked to hear the news of a double murder in the small town of Morganton, Ga. The victims Amber Jackson, a young mother, and her child, 3 year old Ethan Jackson were found deceased from gunshot wounds on the front steps of an apartment residence located off of Underwood Road.

Also at the scene was accused murderer Joshua Fults, ex boyfriend of Amber Jackson. Fults was found suffering from what the Georgia Bureau of Investigation deemed an “apparent self-inflicted gunshot wound”.

Fults was arrested at the scene by deputies with the Fannin County Sheriff’s Office and transported via flight to a medical facility where for days he remained in critical condition.

Little is known of the events that transpired on March 4, and with the news that accused killer Fults had succumbed to his injuries and passed away on March 12, it is likely that not many details of that evening will ever be revealed.

Fannin County, Georgia, Morganton, Underwood Road, Georgia Bureau of Investigations, Fannin County Sheriff's Office, GBI, Double Murder, Suicide, Amber Jackson, Ethan Jackson, Joshua Fults, McCaysville Police Department, Deputy, Investigator, Patrolman, Bramlett, Brackett, Petty, Stanely, Arp, Dane Kirby, Michael Early, Peardon, Domestic Violence, North Georgia Mountain Crisis Network, National Suicide Prevention Lifeline

Amber Jackson and son, Ethan Jackson, were the victims of a double murder that took place in Morganton, Ga.

Police reports obtained from the Fannin County Sheriff’s Office and the McCaysville Police Department shed light into the psyche of Fults and the pattern of events that led up to that fatal evening in March.

A call was placed to 911 in the afternoon hours of June 30, 2018 and the subsequent events following that call may have been a foreshadowing of the tragedy that would later unfold.

According to 911 dispatch, Jackson placed a call fearing for her safety and that of her then 2 year old boy. Jackson told 911 operators that Fults had a violent past and had become violent with her on the Sunday prior to this event.

Fannin County Sheriff’s Office was dispatched to the scene and while in route Sgt. Bramlett was contacted by the McCaysville Police Department to see if assistance was needed.

Due to the McCaysville Police Department being in closer proximity to the incident, Bramlett told Patrolman Brackett and Sgt. Petty to proceed.
Brackett and Petty were first to arrive on the scene. The officers saw Fults sitting on the front porch of the residence, blocking the front door and holding a large hunting knife. As they approached, Fults looked at them and said, “Do not come any closer.”

Brackett and Petty chose at this point to stay back and Brackett began to speak with Fults in an attempt to deescalate the situation. While Brackett engaged Fults, Petty seeing the severity of the situation, radioed for additional law enforcement and an ambulance.

“I just want to die today,” Fults yelled to Brackett when questioned why he was doing this.

Brackett described Fults holding the knife to his wrist and his neck, threatening to kill himself: “Mr. Fults at times would calm down and then at times would become enraged and yell at me.”

Sgt. Bramlett and Lt. Stanley from the Fannin County Sheriff’s Office arrived next on the scene, and devised a plan with the McCaysville officers to get Jackson and her child out of the house.

“I continued to keep Mr. Fults’ attention,” Brackett described the actions taken while fellow officer Stanley was able to make his way to the back of the house and escort the two victims out of the residence and to safety.

The officers noted that Fults remained unaware during this time that his ex girlfriend and her child were no longer in the home.
Additional law enforcement arrived on the scene, including Fannin County Sheriff’s Office Investigator Arp.

With Fults becoming more agitated by the presence of the officers, a decision was made for the use of non-lethal weapons in hopes of bringing the standoff to an end.

“Upon Inv. Arp’s arrival, a plan was made to have Inv. Arp go around through the woods and get behind Josh,” Bramlett explained the decision and the plan that officers laid out, “Lt. Stanley was going to drive Amber’s mom’s vehicle to the residence and when Josh went to the vehicle, Inv. Arp would use the bean bag to distract Josh to get close enough to use a taser.”

Fannin County, Georgia, Morganton, Underwood Road, Georgia Bureau of Investigations, Fannin County Sheriff's Office, GBI, Double Murder, Suicide, Amber Jackson, Ethan Jackson, Joshua Fults, McCaysville Police Department, Deputy, Investigator, Patrolman, Bramlett, Brackett, Petty, Stanely, Arp, Dane Kirby, Michael Early, Peardon, Domestic Violence, North Georgia Mountain Crisis Network, National Suicide Prevention Lifeline

Mugshot of Joshua Fults from previous encounters with Fannin County Sheriff’s Office.

Arp was able to gain the tactical position he had hoped for, and Brackett convinced Fults to put the knife down and begin to approach the officers. As Fults approached, Arp shot 3 rounds of bean bags.

When seeing that the bean bag rounds had no effect on Fults, officers then employed the use of 4 tasers. The tasers also had no effect and despite being rushed by law enforcement Fults was able to make it back to his previous position and regain control of the large knife he had laid down.

Deputy Peardon with the Fannin County Sheriff’s Office recalled that “the male subject stated that he drank a 12 pack of alcohol prior to this incident” and this could partially account for why the non-lethal weapons had no effect.

“Mr. Fults would scrape the knife across his neck and did superficially scrape his skin causing it to bleed,” Brackett said explaining Fults actions once the knife was back in his possession.

Officers spoke with Amber Jackson at this point to see if she would be willing to have a conversation with Fults “in an attempt to bring a peaceful end to the situation”. Jackson agreed.

Surrounded by law enforcement and a distance away from Fults, Jackson waited while Fults agreed to put down the knife and kick it toward the officers. Once the knife was secured, Fults approached Jackson and spoke with her.

According to multiple statements from law enforcement on the scene, Jackson agreed to let Fults hug her and urged him to go to the hospital to get help. Fults agreed to Jackson’s pleas and told law enforcement that he would cause no further chaos and would cooperate allowing them to transport him.

Fults voluntarily got in the back of a patrol car and law enforcement proceeded to take him to Fannin Regional Hospital for evaluation, but the ride became riddled with numerous stops as Fults once again became combative.

The first stop, while en-route, came about when Fults complained of getting sick. Officers pulled over and accommodated him by giving him a paper bag for his nausea.

Getting back on track, officers had to pull over a second time when Fults removed his belt in the back seat of the patrol car and attempted to hang himself.

“Mr. Fults was extremely strong and fought,” Brackett recalls having to forcibly remove the belt from Fults possession. It was at this time that Fults was handcuffed and put in leg restraints.

Law enforcement continued on from the second stop and made their way to Fannin Regional, but by the time they arrived Fults had become more agitated and had managed to remove himself from the “leg hobble” and was choking himself with the handcuffs.

“He was still resisting inside the ER,” Peardon said of Fults arrival to the hospital.

Once at the hospital, Fults laid on the ground and refused to stand up. A bed was wheeled outside and officers were able to get Fults restrained. Fults was then sedated and released to the hospital.

While this incident was the most detailed and involved, it was not isolated. Fannin County Sheriff’s Office has responded multiple times to complaints involving Fults, including another 911 call made by Jackson in Sep. 2018 where again Fults was threatening suicide.

According to the North Georgia Mountain Crisis Network (NGMCN), a local charitable organization for survivors of domestic and sexual assault, “domestic violence is a pattern of abusive behavior or coercive control in any relationship that is used by one person to gain or maintain power and control over another”.

​NGMCN states on their website : ***If you are currently in a domestic violence or sexual assault situation and require immediate attention, please call 911 for assistance. When the immediate crisis is over we will be here to support you in safety planning, counseling referrals, temporary shelter, and other individualized services.***​

You can reach North Georgia Mountain Crisis Network by calling 706-632-8400.

The National Suicide Prevention Lifeline website states, “We can all help prevent suicide. The Lifeline provides 24/7, free and confidential support for people in distress, prevention and crisis resources for you or your loved ones, and best practices for professionals”.

You can call the National Suicide Prevention Lifeline at 1-800-273-8255.

 

 

Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com

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Natalie Kissel

Natalie@FetchYourNews.com

Double murder in Morganton. Suspect in custody.

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Blue Ridge, Ga. – The Georgia Bureau of Investigation (GBI) is now releasing the names of the victims of a double murder that took place on Monday, March 4 in Morganton, Ga.

Fannin County, Georgia, Morganton, Underwood Road, Georgia Bureau of Investigations, Fannin County Sheriff's Office, GBI, Double Murder, Suicide

(Left) Victims Amber Jackson and son Ethan Jackson (Right) Alleged shooter Joshua Fults

The Fannin County Sheriff’s Office requested assistance from the GBI upon responding to a 911 call of shots fired on Underwood Road.

According to the press release, 31 year old Amber Jackson and her son, three year old Ethan Jackson, were found on the front steps of Underwood Apartments deceased from gun shot wounds.

Jackson’s boyfriend, Joshua Lee Fults, age 35 was also at the residence “suffering from an apparent self-inflicted gunshot wound”.

Fults was arrested on the scene and transported via life flight to a medical facility where he remains in critical condition.

Fults is facing an arrest warrant for the murder of Amber Jackson which has already been taken to the Fannin County Sheriff’s Office. More charges are expected to follow.

FetchYourNews will bring you the latest updates in this developing case.

 

GBI and Fannin County Sheriff’s Office Investigate Double Murder Press Release

Morganton, GA (March 5, 2019) – On Monday, March 4, 2019, the Georgia Bureau of Investigation was requested by the Fannin County Sheriff to assist in the investigation of a double murder occurring at 300 Underwood Road, Apartment 3A, Morganton, Fannin County, GA. The initial investigation revealed that Fannin County Sheriff’s deputies responded to a 911 call of shots fired at the Underwood Road address. Upon arrival, deputies discovered Amber Jackson, 31, and her son, Ethan Jackson, 3, deceased on the front steps of the residence from apparent gunshot wounds. Jackson’s boyfriend, Joshua Lee Fults, age 35, was located on the porch of the residence suffering from an apparent self-inflicted gunshot wound. Deputies arrested Fults at the scene and he was transported to a medical facility where he remains in critical condition. At this time, an arrest warrant charging Fults with the murder of Amber Jackson has been taken by the Fannin County Sheriff’s Office. Additional charges are expected.

 

Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com

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Natalie Kissel

Natalie@FetchYourNews.com

Grand Jury indicts those accused in McKinney murder

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Blue Ridge, Ga. – A Grand Jury made up of 20 members convened on Feb. 20 and officially indicted those accused in the conspiracy to murder Justin McKinney.

Testimony regarding the findings of the investigation was presented to the Grand Jury. Among those to testify were special agents with the Georgia Bureau of Investigation (GBI), law enforcement with the Fannin County Sheriff’s Department, members of Fannin County’s Emergency Services, and staff from the GBI Crime Lab.

The witness list also included personal testimony from victim Anna Franklin, roommate Donald Majors and co-defendant Lakota Cloer.
After hearing testimony, the Grand Jury found that enough evidence was presented to indict each individual that had previously been detained in connection with the murder with a number of charges.

Trials for the accused are expected to move forward with the following charges for each individual:

***In the case of all charges the accused are being charged “individually and as parties concerned in the commission of a crime”***

Stephan Blake Dickey a.k.a. Dye

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Chamaty, Lakota Cloer, Levi Manuel, 20 year old, bond, Grand Jury, Brian Steel, Indictment, Malice Murder, Criminal Attempt to Commit a Felony, Felony Murder, Criminal Attempt to Commit a Felony, Aggravated Assault, Aggravated Battery, Home Invasion in the First Degree, Burglary in the First Degree, Possession of a Firearm During Commission of a Felony, Violation of Racketeer Influenced and Corrupt Organizations Act, Tampering with Evidence

1 count Malice Murder
1 count Criminal Attempt to Commit a Felony
1 count Felony Murder
1 count Criminal Attempt to Commit a Felony
5 counts Aggravated Assault
1 count Aggravated Battery
2 counts Home Invasion in the First Degree
1 count Burglary in the First Degree
1 count Possession of a Firearm During Commission of a Felony
1 count Violation of Racketeer Influenced and Corrupt Organizations Act

 

Hunter Nicholas Hill

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Chamaty, Lakota Cloer, Levi Manuel, 20 year old, bond, Grand Jury, Brian Steel, Indictment, Malice Murder, Criminal Attempt to Commit a Felony, Felony Murder, Criminal Attempt to Commit a Felony, Aggravated Assault, Aggravated Battery, Home Invasion in the First Degree, Burglary in the First Degree, Possession of a Firearm During Commission of a Felony, Violation of Racketeer Influenced and Corrupt Organizations Act, Tampering with Evidence

1 count Malice Murder
1 count Criminal Attempt to Commit a Felony
1 count Felony Murder
1 count Criminal Attempt to Commit a Felony
5 counts Aggravated Assault
1 count Aggravated Battery
2 counts Home Invasion in the First Degree
1 count Burglary in the First Degree
1 count Possession of a Firearm During Commission of a Felony
1 count Violation of Racketeer Influenced and Corrupt Organizations Act

 

Dalton Levi Manuel

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Chamaty, Lakota Cloer, Levi Manuel, 20 year old, bond, Grand Jury, Brian Steel, Indictment, Malice Murder, Criminal Attempt to Commit a Felony, Felony Murder, Criminal Attempt to Commit a Felony, Aggravated Assault, Aggravated Battery, Home Invasion in the First Degree, Burglary in the First Degree, Possession of a Firearm During Commission of a Felony, Violation of Racketeer Influenced and Corrupt Organizations Act, Tampering with Evidence

1 count Malice Murder
1 count Criminal Attempt to Commit a Felony
1 count Felony Murder
1 count Criminal Attempt to Commit a Felony
5 counts Aggravated Assault
1 count Aggravated Battery
2 counts Home Invasion in the First Degree
1 count Burglary in the First Degree
1 count Possession of a Firearm During Commission of a Felony
1 count Violation of Racketeer Influenced and Corrupt Organizations Act

 

Kevin Jack Chamaty

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Chamaty, Lakota Cloer, Levi Manuel, 20 year old, bond, Grand Jury, Brian Steel, Indictment, Malice Murder, Criminal Attempt to Commit a Felony, Felony Murder, Criminal Attempt to Commit a Felony, Aggravated Assault, Aggravated Battery, Home Invasion in the First Degree, Burglary in the First Degree, Possession of a Firearm During Commission of a Felony, Violation of Racketeer Influenced and Corrupt Organizations Act, Tampering with Evidence

1 count Malice Murder
1 count Criminal Attempt to Commit a Felony
1 count Felony Murder
1 count Criminal Attempt to Commit a Felony
5 counts Aggravated Assault
1 count Aggravated Battery
2 counts Home Invasion in the First Degree
1 count Burglary in the First Degree
1 count Tampering with Evidence
1 count Violation of Racketeer Influenced and Corrupt Organizations Act

 

Michael Chase Havard

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Chamaty, Lakota Cloer, Levi Manuel, 20 year old, bond, Grand Jury, Brian Steel, Indictment, Malice Murder, Criminal Attempt to Commit a Felony, Felony Murder, Criminal Attempt to Commit a Felony, Aggravated Assault, Aggravated Battery, Home Invasion in the First Degree, Burglary in the First Degree, Possession of a Firearm During Commission of a Felony, Violation of Racketeer Influenced and Corrupt Organizations Act, Tampering with Evidence

1 count Malice Murder
1 count Criminal Attempt to Commit a Felony
1 count Felony Murder
1 count Criminal Attempt to Commit a Felony
5 counts Aggravated Assault
1 count Aggravated Battery
2 counts Home Invasion in the First Degree
1 count Burglary in the First Degree
1 count Tampering with Evidence
1 count Violation of Racketeer Influenced and Corrupt Organizations Act

 

Lakota Ricky Cloer

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Chamaty, Lakota Cloer, Levi Manuel, 20 year old, bond, Grand Jury, Brian Steel, Indictment, Malice Murder, Criminal Attempt to Commit a Felony, Felony Murder, Criminal Attempt to Commit a Felony, Aggravated Assault, Aggravated Battery, Home Invasion in the First Degree, Burglary in the First Degree, Possession of a Firearm During Commission of a Felony, Violation of Racketeer Influenced and Corrupt Organizations Act, Tampering with Evidence

Cloer has already pled guilty to the lesser charges of two counts Aggravated Assault and one count Robbery by Intimidation. As part of the plea deal Cloer faces a 40 year sentence, 15 of those years to be served in prison with the remaining 25 years to be served on probation.

Cloer recently turned 17 years old and according to Georgia law is no longer considered a minor. Sources tell FetchYourNews that Cloer was moved from the juvenile facility housing him to a state prison on his birthday.

 

 

 

The Charges Explained:

The charge of Malice Murder is in direct relation with the shooting death of Justin McKinney. In the state of Georgia malice murder means the intent to take a life without legal justification or mitigation. In this case the State does not need to prove a motive in order to obtain a conviction but instead will attempt to show that the person accused deliberately intended to take another person’s life.

Criminal Attempt to Commit a Felony is in relation to the shooting of victim Anna Franklin. By discharging a firearm in her direction and ultimately wounding her, the accused are being charged with the intent to commit a specific crime. In this case the intent was to commit malice murder.

Felony Murder of Justin McKinney. Felony murder charges are brought about when the accused commit the offense of murder while in the process of engaging in other felony related offences. The State alleges in this case of felony murder that the following felony offences were taking place: Home Invasion, Burglary in the First Degree, Aggravated Assault, and Criminal Attempt to Commit Armed Robbery.

The State also brought charges of Criminal Attempt to Commit a Felony. This charge is in relation to the intent of the accused specifically planning and attempting to carry out Armed Robbery. This charge is further laid out in the accused’s premeditation of the event and the steps taken to carry out the crime.

Each defendant has been charged with five counts of Aggravated Assault. Each count is in direct relation with the crimes committed against both Justin McKinney and Anna Franklin and focuses on the use of firearms.

The Aggravated Battery count pertains to Anna Franklin and how essentially her body was rendered “useless” due to the gun shot she received that went through her arm and lodged in her neck.

The two counts of Home Invasion in the First Degree charges the defendants with entering the Franklin home without authority and with intent of forcible felony. This count explains that the accused entered the home with deadly weapons with intent to commit Armed Robbery.

Burglary in the First Degree is a similar charge to the Home Invasion in the First Degree in that it claims the accused entered the dwelling with intent of Armed Robbery and in possession of deadly weapons.

By conspiring to commit Armed Robbery with the intent to also commit murder, all five defendants face a count of Violation of Racketeer Influenced and Corrupt Organizations Act. The state shows that through the accused’s actions there was a pattern of conspiracy and criminal activity.

According to the federal law, The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.

The three defendants charged with Possession of Firearm During Commission of a Felony are Dye, Hill, and Manuel. The counts claim Dye possessed a Rossi 410 shotgun, Hill was in possession of Grendel Inc. p-12 .380 handgun, and Manuel carried an Excam .25 caliber handgun.

Lastly Chamaty and Havard face charges of Tampering with Evidence by abetting Dye, Hill, and Manuel in the removal and concealing of the weapons used in the crime.

Follow FetchYourNews for the latest information involving the case. You can read more about the McKinney Murder Case by clicking the links below.

Fatal Shooting in Fannin County
Details Emerge Surrounding Murder Case in Fannin County
Two More Arrested in McKinney Murder Case
McKinney Murder. What Happened That Night. FYN Exclusive Interview With Survivor Anna Franklin
“Pop and Rob”: McKinney Murder Motive Revealed By Prosecution
Bond Denied for Accused McKinney Killer
40 Years To Serve 15: Cloer Accepts Plea Deal in McKinney Murder Case
Two Adults Arrested in McKinney Murder Case
$50,000 Bond Set for Chamaty and Havard in Connection with the Murder of Justin McKinney

 

 

Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com

Author

Natalie Kissel

Natalie@FetchYourNews.com

$50,000 bond set for Chamaty and Havard in connection with the murder of Justin McKinney

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Blue Ridge, Ga. – “What I am going to do here, is I am going to set bond at $50,000,” Appalachian Judicial Circuit Superior Court Judge Brenda Weaver made her ruling and granted bond for Michael Chase Havard age 20 and Kevin Jack Chamaty age 20, both of whom have been charged in connection with the murder and Justin McKinney and assault of Anna Franklin.

The terms of the bond are strict with both men being required constant supervision and a host of stipulations that if not followed will result in immediate arrest.

The courtroom was packed in Pickens County as the two young men each had lawyers present their case for being allowed bond.

Appalachian Judicial Circuit District Attorney B. Alison Sosebee recounted the events that led to the arrest of Havard and Chamaty in a written statement given by Georgia Bureau of Investigation (GBI) Special Agent Jamie Abercrombie.

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Chamaty, Lakota Cloer, Levi Manuel, 20 year old, bond, $50,000, Brian Steel

Defense Attorney Brian Steel presents the case for bond to be granted for his client Kevin Jack Chamaty.

According to Abercrombie both men knew of the conspiracy to murder and rob McKinney and aided in the act by providing gas and rides the night of the incident on Dec. 4, 2018 and also helped in disposing of one of the weapons used in the crime.

The GBI learned of the young men’s involvement after Havard voluntarily came forward and spoke with investigators about his knowledge and the roles that he and Chamaty played in the events surrounding the case.

Chris Hyde, Chamaty’s stepfather, was first to take the stand. Questioned by Defense Attorney Brian Steel, Hyde was firm in his belief that if granted bond Chamaty would return to court to face trial: “I believe 100 percent he would return, without hesitation.”

While Hyde is no longer married to Chamaty’s mother, Christy Hyde, Christy still resides in the home with Hyde and is currently serving 15 years probation for a methamphetamine and weapons charge in 2015. It was pointed out that Chamaty’s mother is serving under the First Time Offenders Act.

Gerald Patterson, who resides with Chamaty’s grandmother Rachel Newman, also took the stand to testify on behalf of Chamaty receiving bond.

Patterson who has resided with Newman for approximately 5 years, spoke of his belief that Chamaty does not pose a threat to the community, and like Hyde was willing to “put up his wealth” as a guarantee.

Sosebee took the court off guard as she questioned Patterson: “Is this the same Ms. Newman (Chamaty’s grandmother) that was convicted in 1990 of voluntary manslaughter for the shooting death of her ex husband?”

“Yes ma’am it is,” Patterson replied to Sosebee’s question.

Chamaty, himself, does have a prior record with law enforcement, but the nature of his charges were never fully disclosed in court. Despite Chamaty having a family with a history of run ins with the law, many supporters were present for the young man.

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Chamaty, Lakota Cloer, Levi Manuel, 20 year old, bond, $50,000, Brian Steel

The gallery stood to show their support of Chamaty and Havard.

After testimony from Hyde and Patterson, neither of whom have criminal backgrounds, Defense Attorney Steel turned to the courtroom gallery and asked those there to support Chamaty to please stand: “If you would do me a courtesy, if you would please stand in your place if you have come here today to support bond being granted for Mr. Chamaty.”

Approximately 30 people rose and remained standing as they testified their belief that Chamaty would in fact return to court and does not pose a threat to the community. Chamaty became visibly emotional during this phase.

“Nobody is in any way diminishing the loss of life for any person or living creature, but here we stand before the court in a position where Mr. Chamaty is cloaked with the presumption of innocence,” Steel concluded his case and pointed to the fact that Chamaty had followed a legal process in dealing with this case thus far and had voluntarily turned himself in.

Sosebee argued for the court to deny bond questioning why a 20 year old would be living with a 16 year old (Lakota Cloer : co-defendant in the case) and pointing to lack of accountability by the family prior to the incident.

“There are several juveniles in this court right now,” Sosebee said explaining that Chamaty’s pattern of behavior was likely not to change. “As a matter of fact we have the sister of Lakota Cloer who present in the gallery now, here in support of Mr. Chamaty. The connections, the continuation that Mr. Chamaty has with the witnesses in this case have not ceased.”

Sosebee added that while Chamaty had voluntarily turned himself, he had also “voluntarily facilitated the commission of those acts” in the crimes he is alleged to have participated in on Dec. 4.

Ultimately, Weaver granted bond set at $50,000. Along with this bond, Chamaty must be under constant supervision from Mr. Hyde including going to work.

“Mr. Hyde now has a shadow on him,” Weaver said of her ruling, “I am putting the burden on Mr. Hyde.”

Chamaty will be under house arrest and only allowed to leave with Mr. Hyde for work, church, medical or legal appointments. Chamaty will also be subjected to random drug testing in which he must call every morning to find out if he will be tested that day.

No contact with victims or co-defendants including co-defendant’s families will be allowed, and a curfew of 8 p.m. is set in place. Both Hyde and Patterson put up their personal property to insure the bond.

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Chamaty, Lakota Cloer, Levi Manuel, 20 year old, bond, $50,000, Brian Steel

Havard and Chamaty sit with their attorneys awaiting Weaver’s decision to grant bond.

Havard’s terms of bond were very similar to the parameters set in place by Weaver for Chamaty’s bond.

Havard’s father, Chris Havard, spoke on his son’s behalf. He explained that his son had contacted him regarding the events that took place on Dec. 4 and that he had advised his son to go to the police in which Havard did almost immediately.

Havard, after speaking with investigators, then went to stay with his father who resides in Raleigh, Nc. According to Chris Havard, “I decided to pick him up and bring him to Raleigh.”

When the young man was informed of a warrant out for his arrest, Chris Havard made arrangements for his son to voluntarily turn himself in: “I personally drove him there (back to Fannin County).”

Havard’s father explained that while he would like for his son to return with him to North Carolina if granted bond, he understood that that might not be possible and had made arrangements for his son to live with his grandmother in Ellijay, Ga.

Diane Conway, Havard’s grandmother took the stand to confirm that she would take responsibility upon Havard’s release.

Conway admitted to being very upset by the events that have taken place but still would do anything to help her grandson: “I believe in him.”

Despite her belief in her grandson, she also has a firm belief in the law and when questioned whether she understood that if Havard violated any of the terms of the bond that he would be placed under custody she nodded and replied, “I would report him,” and added “He’s just going to have to go with me wherever I go. I have no problem with it.”

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Chamaty, Lakota Cloer, Levi Manuel, 20 year old, bond, $50,000, Brian Steel

Judge Weaver expressed her thoughts on the responsibility of all involved in the case.

“If he’s to work, I don’t know how I would do that. I would just have to keep him at home with me,” Conway did express concern about being unable to supervise him on a job.

The court handed down the same stipulations of bond that were set forth for Chamaty with the exception that the bond could be amended if Havard gained employment and at a minimum would be required to where an electronic monitoring device while at work.

Both Conway and Chris Havard put up personal property to insure Havard’s bond. All insurances by both families will need to be approved by the Fannin County Sheriff’s Office prior to release.

The bond issued will also cover any further charges that might be handed down by a Grand Jury.

Judge Weaver shared her thoughts on the circumstances surrounding the McKinney murder case: “Frankly, I’m just not real happy with the parents or grandparents of any of these children. In every one of these defendants, these children were basically let go their entire life. Which we don’t do that as parents.”

“None of this should have ever occurred because somebody should have known where these kids were,” Weaver continued to address the court, “That’s not how you raise children. I think every bit of this could have been prevented if the parents were just exercising what they should be doing as parents to begin with, which is knowing where there children are on a school night at 1 o’clock in the morning.”

All suspects are expected to face a Grand Jury soon in Fannin County and move forward to trial.

You can read more about the McKinney Murder Case by following the links below:

Fatal Shooting in Fannin County
Details Emerge Surrounding Murder Case in Fannin County
Two More Arrested in McKinney Murder Case
McKinney Murder. What Happened That Night. FYN Exclusive Interview With Survivor Anna Franklin
“Pop and Rob”: McKinney Murder Motive Revealed By Prosecution
Bond Denied for Accused McKinney Killer
40 Years To Serve 15: Cloer Accepts Plea Deal in McKinney Murder Case
Two Adults Arrested in McKinney Murder Case

Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com

Author

Natalie Kissel

Natalie@FetchYourNews.com

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